National Preventive Mechanism Third Annual Report 2011–12 Introduction by Nick Hardwick Her Majesty’s Chief Inspector of Prisons T his is the third annual report of the UK’s National Preventive Mechanism (NPM), the group of 18 organisations designated to fulfil the UK’s obligations to ensure the independent monitoring of the treatment of and conditions for people deprived of their liberty. These obligations arise from the UK’s status as a party to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The purpose of monitoring is to prevent ill-treatment in all places of detention – from prisons to children’s homes to secure hospitals. Such places are typically hidden from public view and the people held there are inherently vulnerable. Through the work of the 18 members of the NPM, their rights to be held safely and with respect for their human dignity are safeguarded. While the UK had a long history of visits to places of detention, particularly to prisons, the ratification of OPCAT by the government and designation of the NPM has re-emphasised the importance of independent monitoring and a human-rights based approach. In accordance with OPCAT, the members of the NPM make regular visits to places of detention, focusing on treatment and conditions and seeking the views of detainees. The members operate independently of one another, and the primary work of the NPM is carried out by individual members in their own inspections or visits and reported in their own 4 annual reports. However, a coordination role is performed by HM Inspectorate of Prisons. In previous annual reports, we have sought to summarise the activities and findings of the 18 NPM members and to identify common themes arising in places of detention in England, Wales, Scotland and Northern Ireland. This year, we have sought instead to focus on key issues arising from our work during the year, and have made several recommendations with the aim of preventing ill-treatment in detention and ensuring the effective implementation of OPCAT in the UK. The use of force and restraint has been a key concern to all members of the NPM, regardless of the type of detention monitored or the jurisdiction in which they operate. Despite a plethora of guidelines and standards, we find that force is often not used appropriately: it is used when it is not necessary; it is applied in a disproportionate manner; staff are not sufficiently trained; and governance arrangements are limited. However, we do also find examples of good practice, demonstrating that relevant guidelines and standards are capable of being implemented even in the face of challenging behaviour. We therefore reiterate in this report the key components of a lawful, safe and effective system of force and restraint. We also focus on the escorting of detainees, acknowledging that detainees may be particularly vulnerable while they are being